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As a last ditch effort to exonerate himself, appellant puts in issue the failure of the prosecution to present any medical certificate to prove that appellant applied force or violence against AAA. Such failure, however, is not fatal in the prosecution for rape. The Court has consistently ruled that "[a] medical certificate is not necessary to prove the commission of rape and a medical examination of the victim is not indispensable in a prosecution for rape x x x [because] the expert testimony is merely corroborative in character and not essential to conviction."[23] In fact, an accused may be convicted based on the sole testimony of the victim as long as her testimony is clear, positive, and convincing.[24] In this case, the testimony of AAA was not only clear, positive, and convincing but was also corroborated by the testimony of her daughter BBB. Finally, both the trial court and the CA properly meted out the penalty of reclusion perpetua without eligibility for parole on appellant on both counts of rape. However, in order to conform to prevailing jurisprudence,[25] the Court finds it necessary to increase the awards of civil indemnity, moral damages, and exemplary damages to P100,000.00 each for each count of rape. In addition, all damages awarded shall earn legal interest at the rate of 6% per annum from the date of finality of this Decision until fully paid. WHEREFORE, premises considered, the appeal is DISMISSED. The Court hereby ADOPTS the findings of facts of the Regional Trial Court as affirmed by the Court of Appeals. The December 10, 2014 Decision and the November 19, 2015 Resolution of the Court of Appeals in CA-G.R CR HC No. 01087-MIN, finding appellant Cajeto Cabilida, Jr. y Candawan guilty beyond reasonable doubt of the charges against him are AFFIRMED with MODIFICATION that the awards of civil indemnity, moral damages, and exemplary damages should be increased to P100,000.00 each for each count of rape. In addition, the awards of damages shall earn interest at the rate of 6% per annum from the date of finality of this Decision until fully paid. SO ORDERED. Leonardo-De Castro,* Caguioa,** Tijam, and Gesmundo,*** JJ., concur. * Per Special Order No. 2559 dated May 11, 2018. Per Special Order No. 2560-C dated July 6, 2018 vice J. Jardeleza who recused due to prior action as Solicitor General. **

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People v. Cabilda

Jurisprudence

Case number: G.R. No. 222964

Date of decision: Jul 11, 2018

Year of decision: 2018

GBV Case Type

Rape

Nature of the case: A housewife and a mother of 2 minor children was raped by the alleged victim's acquaintance two times with the presence of qualifying aggravating circumstance of committing the crime of rape in the full view of the victim's minor children and generic aggravating circumstance of dwelling. The Court rejected the "sweetheart theory" propounded by the defense as it found no evidence to prove that such relationship actually existed except for the self-serving testimony of the accused and the ambivalent and inconclusive testimony of his witness. The Supreme Court affirmed the decision of the RTC and CA in their findings that the accused is guilty beyond reasonable doubt of two counts of rape, aggravated by its commission in full view of private complainant's children and in her dwelling, the court sentenced him to two penalties of reclusion perpetua without eligibility for parole.

Summary of outcome

The accused was convicted for two (2) counts of Rape (with aggravating circumstance of its commission in full view of victim's children and in victim's dwelling) and sentenced to suffer the following, viz:

Two penalties of reclusion perpetua without eligibility for parole; and
Pay the victim civil indemnity, moral damages, and exemplary damages should be increased to P100,000.00 each for each count of rape and the awards of damages shall earn interest at the rate of 6% per annum from the date of finality of the decision until fully paid.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: DEL CASTILLO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CAJETO CABILIDA, JR. Y CANDAWAN, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 8.485802

Longitude: 123.798161

: Geolocation 1

Primary Documents

CABILDA.pdf
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Commission on Human Rights

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People v. Cabilda

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